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HomeMy WebLinkAboutMin 02-03-93MINUTES OF THE CITY COUNCIL OF THE CITY OF UKIAH - February 3, 1993 The City Council convened in a regular meeting, of which the agenda was legally noticed and posted, at 6:32 p.m., in the Council Chambers of the Civic Center, 300 Seminary Avenue. Roll was taken and the following Councilmembers were present: Malone, Wattenburger, Shoemaker and Mayor Schneiter. Staff present: city Clerk McKay, city Manager Rough, City Attorney Rapport, Electric Utility Director Barnes, Public Works Director Goforth, Finance Director Burt, Public Safety Director Keplinger, Police Captain Budrow, City Engineer Beard, Community Development Director Harris, Redevelopment/Economic Development Coordinator DeKnoblough, and Acting Executive Assistant Yoast. INVOCATION/PLEDGE OF ALLEGIANCE The City Clerk delivered the Invocation and Councilmember Wattenburger led the Pledge of Allegiance. Mayor Schneiter announced he would like to take an item of Council business out of order on the agenda so that the new Councilmember will be seated before any Council business is conducted. SPECIAL ORDER OF BUSINESS 5. Administer Oath of Office to New Councilmember Jim Mastin The City Clerk administered the Oath of office to Councilmember Mastin and he took his Council seat at the Council dais. Councilmember Mastin stated he is pleased to become a member of the governing body of the Nation's No. 6 best small town and No. 1 small town in the State of California, which was just released today in the book "The 100 Best Small Towns in America," by Norman Crampton. 4. Proclamation - Boy Scouts Anniversary Month of February Mayor Schneiter read and presented the Proclamation to Yokayo District Chairman, Fred Keplinger, who thanked Council for their recognition and support of the 880 Boy Scouts in our community. 6. Introduction of New Employees - Public Safety a. Donna Boyd, Public Safety Dispatcher b. Stacey Porter, Public Safety Dispatcher The City Manager explained due to illnesses the recipients could not attend tonight and this matter of business will be postponed. APPROVAL/CORRECTION OF MINUTES 7a. Reqular Adjourned Meeting January 12 - 13, 1993 M/S Shoemaker/Malone to approve the minutes of the regular adjourned meeting of January 12 - 13, 1993, as submitted. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Mastin. 7b. Reqular Meetinq of January 20, 1993 Councilmember Shoemaker requested the following change to the minutes of the regular meeting of January 20, 1993, as follows: Page 2, Item 10a, first paragraph, line six, change "bst" to "best". M/S Wattenburger/ Malone to approve the minutes of the regular meeting of January 20, 1993 as amended. The motion was carried by the following roll call vote: AYES; Councilmembers Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Mastin. 8. Riqht to Appeal Decision Mayor Schneiter reviewed Section 1094.6 of the California Code of civil Procedures regarding the appeal process. CONSENT CALENDAR M/S Shoemaker/Wattenburger to approve the Consent Calendar as follows; 9a. Approved the Payroll Warrants, #46747 to #46914, from January 3, 1993 to January 16, 1993, in the amount of $134,782.76. 9b. Adopted Resolution No. 93-48, approving qualified contractors list for 1993 calendar year. 9c. Awarded the contract for Sodium Hydroxide purchases to Pressure Vessel Service, Inc., on an as needed basis with firm unit prices. The motion was carried by the following AYES: Councilmembers Mastin, Malone, Shoemaker, and Mayor Schneiter. NOES: None. roll call vote: Wattenburger, 10. Audience Comments on Non-Aqenda Items Gary Green, 1221 Sequoia St., introduced himself as the new PG&E District Manager. PETITIONS AND COMMUNICATIONS lla. Receive Letter from Mike Shutz Re~ardin~ Frequency of Garbaqe Pick-up at McDonalds The Public Works Director reported Mr. Shutz's letter requests extending the frequency of garbage collection at McDonalds from once a week to once every 10 days due to their reduced volumes from their trash compaction process and their change from polystyrene to paper packaging. He noted the Ukiah City Code requires garbage pick up once a week. He explained after an initial meeting with Mr. Shutz and Ukiah Solid Waste, staff believes with the development of a more accurate assessment of the actual waste volume being generated, a mutually acceptable solution will be found within the requirements of the Ukiah Municipal Code, existing rate schedules and the franchise agreement for garbage collection. Mayor Schneiter stated he hopes we can accommodate this request to encourage other businesses to recycle and reduce waste volumes. It was the consensus of Council to refer Mr. Shutz's request to City Staff to develop a mutually acceptable solution within the framework of the existing Ukiah Municipal Code sections, rate schedules and garbage collection franchise agreement. UNFINISHED BUSINESS 12a. Adoption of Policy Referral Procedures Reqardinq Demolition Permit The Community Development Director reported on the City's legislative history regarding historic and architecturally significant building preservation and the demolition permit process. He outlined four different options for Council's review regarding how demolition permits can be processed. He referred to a letter received from Judy Pruden which explained her past participation in the review process and Reg. Mtg. February 3, 1993 Page 2 made recommendations to formalize the demolition permit review process. Discussion ensued regarding the noticing process, potential public hearing qualifications, and private property rights. Councilmember Shoemaker expressed concern regarding maintaining the neighborhood flavor of a potential historical district such as the older westside area. He questioned notification of the public or neighborhood process, the effects of denying a demolition permit, and whether a demolition permit can be mitigated to include conditions stipulating a new structure must fit architecturally in the neighborhood. Councilmember Malone noted if restrictions are imposed on the older significant areas, possibly incentives could also be provided to fix them up. Judy Pruden, 304 South Hortense, explained her voluntary past evaluations on applications for demolition. She explained how her personal contact with the applicants have resulted in the salvage of materials resulting in reduced landfill volumes. She indicated citizens have been confused over the past informal process and indicated a more formal process with clear guidelines would be beneficial for all concerned. She explained she is only a member of the Historical society and a volunteer at the Held Poage Research Library. Discussion ensued regarding staff's proposed options 1 and 2. M/S Shoemaker/Wattenburger directed staff to implement Option 2, (create a Demolition Referral Committee made up of the Planning Commission Chairman, a representative of the Historical Society and a citizen at large, which would thoroughly evaluate the demolition requests and make a recommendation to the City Council for each request); with an additional fourth member to be the Building Inspector; with a standardized questionnaire; staff to develop a notification sphere for Council to look at; the Committee is to be called the Demolition Referral Committee with the members to have expertise in building or historical significance. The motion was carried by a unanimous voice vote of all AYE. It was noted that a Resolution will be brought back to Council for their approval. Councilmember Shoemaker stated the issue of Historical Districts versus general neighborhoods needs to be addressed. The Community Development Director explained this comprehensive approach has been referred to the general plan update process and advised this matter be addressed after the final Growth Management Steering Committee recommendations are presented. Councilmember Shoemaker requested we explore the use of old materials and lumber as the Building Code allows and to explore the costs, liabilities and issues surrounding moving buildings. The City Manager advised an appropriate approach would be for the City to serve as a catalyst through an incentive approach. 12b. Authorize Demolition Permit for Destruction of Older than 50 Year Structure Located at 414 West Clay Street by Piero Anzillotti The Community Development Director reported Mr. John Biaggi, President of the Mendocino County Historical Society, has indicated by letter that the Held-Poage Home staff is authorized to conduct research and represent the Society in Reg. Mtg. February 3, 1993 Page 3 matters such as this. He noted an evaluation of this property is provided by Judy Pruden, who is a citizen that has been active in historic/architectural issues and has provided past property evaluations as part of the demolition review process. Ms. Pruden's evaluation stated that with the exception of the asbestos siding and an upgrade to the wiring, heating and plumbing 40 years ago, this is one of the most historically intact buildings she has seen in Ukiah. It was noted that this specific property is not one of the 200 individual properties in the City's 1985 inventory but is included in a potential historic district consisting of 184 parcels. Larry Mitchell, Architect representing Piero Anzillotti, stated his client intends to conduct salvage on this building, and would be willing to allow the relocation of this structure, provided it remain intact and not scavenged. He also indicated a number of problems with the house such as the walls are not solid, there are no shear walls which creates an unknown performance criteria and the electrical and plumbing are not standard. He indicated his client desires to preserve the mature trees if the building were to be moved. Discussion ensued regarding the practicality of improving this structure, new design of a new structure in an older neighborhood, and possible conditioning of the demolition permit. M/S Malone/Wattenburger to allow the demolition permit with the conditional options to; 1. Move the entire house without great damage to the property or landscape or; 2. Consider the salvage of any useable materials. Discussion ensued regarding possible deadline dates. Sonia Anzillotti, 414 West Clay Street, stated as they intend to salvage material which will stay within the family, and will agree to the moving of the structure but feels the mature trees will have to be cut down in order to do this, and they would like to preserve the trees. Councilmember Malone clarified that the intent of his motion was to allow for the relocation and/or the salvage of the material, and in lieu of that, to allow the demolition. Councilmember Wattenburger, maker of the second to the motion, concurred with this intent. It was the consensus of Council for the mature trees on this site to be saved. Councilmember Mastin expressed concern that the asbestos siding be properly handled and disposed of. The motion on the floor was carried by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker, and Mayor Schneiter. NOES: None. Recess - 8:00 p.m. Reconvened - 8:06 p.m. 12c. Reconsideration of Introduced Ordinance Amendinq Division 2, Chapter 5 of the Ukiah City Code, Entitled: For Hire Vehicle The City Attorney reported on the proposed changes to the previously introduced Ordinance amending Code Sections pertaining to "For Hire Vehicles," which were requested at the last Council meeting. He explained the proposed wording changes pertaining to further definition of "taxicab," exclusion of public agencies from the definition of "person," clarification of Public Utility Code regulation, and the additional wording allowing contractors and lessees as well as employees to operate an owner's taxicabs. He Reg. Mtg. February 3, 1993 Page 4 advised if this proposed wording is approved, final adoption of the Ordinance be postponed until the next regular meeting. Discussion ensued regarding insurance requirements to protect the city while providing flexibility to the owner. M/S Wattenburger/Malone to approve the proposed wording changes to the Ordinance introduced at the regular meeting of January 20, 1993. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Mastin. 12ci. Amendment of Resolution No. 93-43, Establishinq Requlations for the Issuance of Permits for Vehicles Transportinq Passenqers for Compensation under Division 2, Chapter 5 of the Ukiah City Code The City Attorney reported on the proposed changes amending Resolution No. 93-46 which were suggested by staff pertaining to driver application photographs to be provided, driver badge to be displayed and vehicle tag yearly expiration. Councilmember Mastin requested an update pertaining to this issue, which Council individually provided. M/S Wattenburger/Malone to adopt Resolution No. 93-49, (amending Resolution No. 93-46) establishing regulations for the issuance of permits for vehicles transporting passengers for compensation under Division 2, Chapter 5 of the Ukiah City Code. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Mastin. 12cii. Adoption of Resolution Establishing Fees for Administration of Chapter 5, Division 2 of the Ukiah City Code ReGulatinG For Hire Vehicles The City Attorney advised this proposed resolution is presented for additional comment from Council before legal noticing prior to adoption at a future meeting. It was the consensus of Council to make no changes at this time to the proposed Resolution. NEW BUSINESS lla. Consideration of New Council Committee AssiGnments Mayor Schneiter proposed a few changes to previous Council assignments, last approved August 5, 1992. Councilmember Malone indicated he would prefer not to be on the Redevelopment Finance Review Committee. Councilmember Mastin agreed to be the alternate on this committee with Agency Chairman Schneiter and Commissioner Wattenburger as the primary designee. Councilmember Shoemaker requested the League be notified he is the City's designated representative. It was the consensus of Council to approve the proposed Council Committee Assignments with the one amendment to the alternate position on the Redevelopment Finance Committee, as follows: Mendocino Council of Governments (MCOG) - Wattenburger; MTA Board of Directors - Mastin; Ukiah Valley Sanitation District - Mayor or Vice-Mayor; city Selection Committee - Mayor (Required); Mendocino Solid Waste Management Authority (JPA) - Shoemaker; County Overall Economic Development Committee - City Manager or his Committee designee; Northern California Power Association - Schneiter, NCPA Alternate - city Manager or Electric Utility Director; Redwood Empire Municipal Ins. Fund (REMIF) Reg. Mtg. February 3, 1993 Page 5 - Mayor, Alternate - city Manager; Redwood Empire Financing Authority (REFA) - City Manager (By Resolution); Chamber of Commerce Liaison - Malone; League of California cities Liaison - Shoemaker; Sun House Guild-Malone; Ukiah Players Board - City Manager; Mayor/Managers Committee - Mayor/City Manager; Valley Wide Task Force - Shoemaker/Schneiter, City Manager; Valley Wide Water Task Force - Shoemaker/City Manager or his designee; Downtown Master Plan Committee - Mastin; Redevelopment Finance Review Committee - Agency Chairman/Wattenburger, Mastin-Alternate; Main Street Board of Directors - Malone/City Manager; Ukiah Community Center Board of Directors Council Liaison - Mastin 13b. Adoption of Resolution Adoptinq Overall Economic Development Strateq¥ Plan The City Manager reported this proposed plan was developed by a citizen's committee comprised of the General Plan Economic Element Committee and representatives from West Company and Advancement Enterprises, with the objective to design a strategy consistent with community goals developed through the Williams-Kuebelbeck Study, the General Plan Draft Economic Development Plan and information developed from the Economic Summits. He explained inclusion of targeted groups such as the Chamber of Commerce, Downtown Merchants Association, Ukiah Main Street, Mendocino County Farm Bureau, Mendocino College, County of Mendocino, and Ukiah High School are targeted key participants of this strategy. He reported on the program goals and the directives regarding recruitment, development of new business, business retention, business expansion and job training. Mayor Schneiter commented the direction the City has taken in the last few years is dramatic and all the citizens who have participated in the past do appreciate all the effort and progress. He indicated he looks forward to seeing these endeavors come to fruition. Councilmember Shoemaker stated this is an excellent program. He indicated he would also like to see unique businesses locate in the downtown area. He noted he would like to see a statement included in the program goals pertaining to recruitment and development of new businesses, that create jobs which will support families at a moderate income level. The City Manager noted definition problems could develop and suggested the wording, "living wages." Councilmember Mastin stated he likes this document for its clarity and how it has pulled everything together in one package. Councilmember Wattenburger commented he is very excited about this document and at this time of national recognition for being one of the best small towns in the nation. M/S Mastin/Wattenburger to adopt Resolution No. 93-50, adopting the City of Ukiah Economic Development Strategy with the suggested program goal wording from Councilmember Shoemaker. The motion was carried by the following roll call vote: AYES: Councilmembers Malone, Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. ABSTAIN: Councilmember Mastin. Mayor Schneiter indicated he would like letters of appreciation sent to all who have participated in the development of this exceptional document. 13c. Discussion Re~ardinq Removin~ Residency Requirements for City of Ukiah Airport and Parks and Recreation Commissions The City Manager reported broadened citizen participation on City of Ukiah Advisory Boards and Committees has occurred in Reg. Mtg. February 3, 1993 Page 6 the past two years. He noted the City's Airport and Parks and Recreation facilities serve the region and are not limited to City residents only and it is staff's recommendation to remove residency requirements for membership on the Airport and Parks and Recreation Commissions. Mayor Schneiter stated he feels this is appropriate but indicated he would like to limit the number of outside residents to only two on each Commission. Councilmember Malone commented he feels it is appropriate to include only residents of the Ukiah Valley and suggested the City look at facilities outside the City limits to conduct some programs. It was the consensus of Council for staff to return with appropriate wording to amend the Code to allow two outside City residents on the Airport and Parks and Recreation Commissions, using the City's sphere of influence as the boundaries and to establish attendance guidelines. CITY COUNCIL REPORTS Councilmember Mastin None. Councilmember Malon~ Reported on the Chamber of Commerce Board meeting he attended. Councilmember Wattenburqer Reported on the citizen's group meeting protection consolidation and noted he will for the February 17, 1993 Council meeting. ~ouncilmember Shoemaker regarding fire be out of town Reported on the Observatory and Orchard Avenue Park design meeting he attended, encouraged Council to watch the video regarding illegal dumping in Mendocino County, noted he will be attending an all day Mendocino Solid Waste Authority goal setting session on the 17th, and reported on the Valley Wide Task Force meeting. M_D_yor Schn__geiter Noted he spoke to the first and second grades at the Ukiah Junior Academy, reported on the R.E.M.I.F. Conference in San Francisco he attended last week, on the Mendocino Council of Governments meeting he attended, on the NCPA meeting he attended, and reminded Council of the Joint Council/Planning Commission meeting scheduled for March 24. CITY MANAGER/DEPARTMENT HEAD REPORTS Reported received review. on the Governor's Growth Management Report he just and will distribute to staff and Council for their ADJOURNMENT There being at 9:25 p.m. CCMIN.121 no further businessF, thee meeting was adjourned Ca~hl/TKay CMC~AAE, City Clerk Reg. Mtg. February 3, 1993 Page 7